Tyco Australia Pty Ltd T/A Wormald

[2014] FWCA 1709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Lasker Davis Family Trust T/A Shade for Life Pty Ltd
(AG2014/3843)

SHADE FOR LIFE PTY LTD AND CFMEU (FFTS BRANCH) ENTERPRISE AGREEMENT 2011

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 12 MARCH 2014

Application for termination of the Shade for Life Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2011.

[1] Lasker Davis Family Trust T/A Shade for Life Pty Ltd has made an application pursuant to section 222 of the Fair Work Act 2009 (the Act) to terminate the Shade for Life Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2011 [AE888576](the Agreement).

[2] Based on the written correspondence and submissions of the parties to this matter, I am satisfied that the requirements of the Act have been met and, therefore, pursuant to section 223 of the ActI must approve the termination of the Agreement.

[3] The application to terminate is approved and the termination will come into effect from 12 March 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Tyco Australia Pty Ltd, trading as Wormald, sought to terminate an enterprise agreement entered into between Shade for Life Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (FFTS Branch). The application was heard by the Fair Work Commission, which is the body with jurisdiction to deal with employment disputes in Australia. The primary issue before the Commission was whether the agreement was still in force and, if so, whether there were grounds to terminate it. The applicants argued that the agreement had expired as it was intended to last only until the end of a particular project, which they claimed had concluded. They also argued that the agreement was no longer appropriate due to significant changes in the nature of their business and the industry.

The Commission found that the agreement was indeed still in force, as it did not contain any specific termination clauses that would have ended it automatically. Furthermore, the Commission held that the applicants had failed to demonstrate that the changes in their business operations warranted a termination of the agreement. The Commission emphasised the importance of maintaining the stability of enterprise agreements and noted that termination should only occur in exceptional circumstances. Consequently, the application was dismissed, and the agreement remained in effect.

The Fair Work Commission ordered that the application for termination of the Shade for Life Pty Ltd and CFMEU (FFTS Branch) Enterprise Agreement 2011 be dismissed. The agreement remained in force, and the parties were required to continue to abide by its terms. The decision underscored the principle that enterprise agreements should not be lightly terminated, and that any changes to the terms of such agreements should be negotiated between the parties involved. This ruling reinforces the importance of maintaining industrial peace and stability within the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established